Pressure Cooker Case Study

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Introduction This paper will explain a product that is recalled, the date it was recalled and the reason it was recalled. It also will explain weather the manufacturer is liable for negligence. It will also explain the relationship with the product that is recalled when it comes to the duty of care, standard of care, breach of the duty of care, Actual injury, proximate injury, and also the defensed to negligence. Production and Description Instant Pot Smart-60 Pressure Cooker was recalled on July 15, 2015. The pressure cooker is a multi-function cooker, which has a stainless steel finish, and is about twelve inches round, and twelve inches high. The ups code of the recalled product is 853084004132 and the UL certification number is E214884. …show more content…

The court may also ask the severity of the injury the person sustained. The court will ask these question because it will be up to them to see if there was really something wrong with the product itself. The court will use two ways of reasoning when it comes to the injury. They are product liability and also negligence. The difference between these two are that product liability has to do with product itself and negligence has to do with the manufacture, or the distributor, or even the seller and the product (Reuters, 2008). The law that have to do with defective products When it comes to product defect they have three sections. They are the design defects, the manufacturing defects and the marketing defects. The marketing defects have to do with the way they sell the product. This means the instructions of the product, and whether or not the warning is correct or not. The design defects have to do with the way the product was designed. So with the pressure cooker was it designed wrong, was the roundness correct? Manufacturing defects were not intended. For example with the pressure cooker the one screw was loose. Then that would have to do with the manufacture (Reuters, 2008). Defectively designed or defectively …show more content…

With the pressure cooker, the court would ask could the person have got shocked without the pressure cooker. If yes then the manufacture is not responsible if no than the manufacture is responsible. (Seaquist, 2012). Proximate Causation The proximate cause happens when an injury happens due to negligence or intentional wrongful act. To win a lawsuit like this the damages are due to negligence, and the claim proximate cause would be in the complaint and would have to be proven in the trail, that the negligent act of the defendant was the proximate cause of the injury to the plaintiff (Hill, 2014). Actual Injury This would be the finial thing that would have to be proven in a negligence case. And that is was there really an actual injury. If you cannot prove that there was an actual injury you will not have a case. It also means that was their already an existing litigation, and was the filing deadline meet to the claim. (Seaquist, 2012). Defenses to

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